Is the pleading as amended to a Statement of Claim striking as disclosing no cause of action?
Alberta, Canada
The following excerpt is from Edwards v. Fisher, 2007 ABQB 666 (CanLII):
Therefore, the pleadings as amended will stand and will be considered for the purposes of the application to strike pursuant to rule 129(1)(a) and (d). Should the statement of claim be struck as disclosing no cause of action or as an abuse of process as it offends the rule in Foss v. Harbottle? Test under rule 129(1)(a)
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